Rendered from the court's authenticated repository
Searchable full text
1,317 characters extracted
—
STATE OF RIDGEWAY
STATE OF RIDGEWAY,
)
)
)
)
)
)
)
)
)
)
DOCKET NO. RSC-CM-750
PRESIDING JUDGE: HON. HECXTRO
NOTICE OF APPEAL
Plaintiff
v.
BATTALIONGAVIN,
Defendant
NOTICE OF APPEAL TO THE SUPREME COURT
Notice is hereby given that the State of Ridgeway hereby appeals to the Ridgeway
Supreme Court this Court’s Order (November 11th, 2022) dismissing the indictment in full
without weighing it based on merits, but rather a pre-trial filing issue. Appeal is taken pursuant to
§ 2.3(b)(i) of the Rid. Judiciary Act (2022) which entitles the State to appeal to the Supreme
Court in all matters that “dismissed an indictment, information, or complaint or any portion of an
indictment, information, or complaint.” The entire indictment was dismissed with prejudice due
to the primary prosecutor failing to comply with the time limits of the discovery period, but was
not weighed on merits separately. Without it being adjudicated properly, as well as it failing to be
judged on its merits
QUESTIONS PRESENTED
1. Can the court dismiss a case with prejudice without weighing the case on its merits?
2. Should the State have the ability to refile cases in the courts due to pre-trial issues?
Respectfully Submitted,
/s/RyanJSyndicate
RyanJSyndicate
Assistant Solicitor General; Office of the
Solicitor General
R.W. Bar #18106
Document record
File size
82.0 KB
Uploaded
Nov 13, 2022 12:00 PM
Filed
Nov 13, 2022 12:00 PM
Filing code
CRIMINAL_COMPLAINT
Uploaded by
state of ridgeway
Notes
RSC-CM-750 Notice of Appeal.pdf — archived from the Trello docket (https://trello.com/c/OyeDmlEY)
